Udit Goyal v. PCIT (2025) 307 Taxman 34 (Delhi)(HC)

S. 119 : Central Board of Direct Taxes-Circular-Return-Delay of 12 days-COVID-19-related constraints-PCIT acts as a quasi-judicial body-Under an obligation to pass a reasoned order-Order was set aside, and the matter was remanded back to PCIT for a de novo consideration to decide the application. [S. 119(2)(b),139(4) Art, 226]

Petitioner filed his return 12 days late. He filed an application under section 119(2)(b) seeking condonation of delay, citing COVID-19-related constraints. PCIT  rejected the application, holding that there was no genuine hardship in filing the return, inter alia noting that public transport was operating at 50% capacity in late December 2021 and that assessee had sufficient time to file, and referring to CBDT Circular No. 09/2015. On writ the Court held that   PCIT had not dealt with various averments made by petitioner/applicant and had rejected the application for condonation of delay in a mechanical manner.   PCIT who admittedly exercises powers under section 119(2)(b) of the Act, acts as a quasi-judicial body and is under an obligation to pass a reasoned order. Since the order, except stating that there was no genuine hardship in filing the return of income, did not deal with the detailed application filed by the petitioner/assessee, PCIT had not dealt with various averments made by petitioner and had rejected the application for condonation of delay in a mechanical manner, which was clearly unsustainable. Therefore, the order was to be set aside, and the matter was remanded back to PCIT   for a de novo consideration to decide the application. CBDT Circular No. 09/2015, dated 9-6-2015.  (AY. 2021-22)

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